New Life Breathed Into FTC's Whole Foods Case

Law360, New York (July 29, 2008, 12:00 AM EDT) -- Saying a district judge analyzed the market incorrectly, a split federal appeals court has reversed the denial of an injunction against Whole Foods Market Inc.'s $565 million acquisition of rival Wild Oats Markets Inc.

In a 2-1 decision Tuesday, the U.S. Court of Appeals for the D.C. Circuit said that Judge Paul L. Friedman of the U.S. District Court for the District of Columbia should have issued the preliminary injunction that the U.S. Federal Trade Commission had requested to stop the deal.

The appeals court filed...
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